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CDJ 2025 MHC 7282 print Preview print print
Court : High Court of Judicature at Madras
Case No : Crl. RC. No. 1421 of 2025 & Crl. M.P. No. 15481 of 2025
Judges: THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI
Parties : Selvaraj Versus Archana
Appearing Advocates : For the Petitioner: S. Suresh, Advocate. For the Respondents: T. Muruganandan, Advocate.
Date of Judgment : 26-11-2025
Head Note :-
BNSS, 2023 - Section 438 r/w Section 442 -
Judgment :-

(Prayer: Criminal Revision Case filed under Section 438 r/w Section 442 of BNSS, 2023, praying to set aside the order in Crl.M.P.No.246 of 2024 dated 21.06.2025 in C.C.No.54 of 2023 on the file of the Learned Additional Mahila Judge (Magistrate Level), Thiruvannamalai District.)

1. This Criminal Revision Petition has been filed to set aside the order in Crl.M.P.No.246 of 2024 dated 21.06.2025 in C.C.No.54 of 2023 on the file of the Learned Additional Mahila Judge (Magistrate Level), Thiruvannamalai District.

2. Both the parties appeared before this Court along with their respective counsel.

3. Learned counsel for the petitioners submitted that the aged parents of A1/husband have been implicated in this case. The lower Court has failed to consider their age and has dismissed the petition filed by them. A1/husband has no objection to the petition filed for divorce in F.C.O.P.No.2 of 2024 before the Hon’ble Family Court, Tiruvannamalai. Further, A1/husband has given a receipt for a sum of Rs.5,00,000/- as a fixed deposit in the name of his son.

4. However, the learned counsel for the respondent would submit that if A1/husband has paid a sum of Rs.15,00,000/-, she will withdraw all the cases pending between them. In this regard, the A1/husband requires some time to settle the same.

5. Heard the learned counsel appearing for both the parties.

6. Considering the age of the petitioners, their appearance before the lower court is discharged. A1/husband has given consent for divorce case in F.C.O.P.No.2 of 2024 and the same shall be disposed of by the lower court as early as possible.

7. However, with regard to the maintenance and for the guardianship, the parties shall work out their remedy before the appropriate forum. Further, A1/husband is permitted to see his son on first Sunday of every month from 10.30 a.m. to 2.00 p.m in the District Legal Services Authority, Tiruvannamalai and during that period, the mother of the child shall not make any interference.

                  With the above directions, this Criminal Revision Case is allowed.

                  Connected miscellaneous petition is closed.
 
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